SPECIAL LAND ACQUISITION OFFICER Vs. SOMAJI RAIJIJI

JUDGEMENT

(1.) Admitted. Mr. A.J.Patel, learned counsel, waives service of notice on behalf of the claimants. Mr.Jaswant K.Shah, learned Assistant Government Pleader, states at the Bar that the interest of the appellant and that of the respondent No.2 is identical and not in conflict at all. In view of the statement made at the Bar by the learned Assistant Government Pleader, this Court is of the opinion that it is not necessary for the appellant to effect service of notice of admission of this appeal upon respondent No.2. Having regard to the facts of the case, the appeal is taken up for final disposal today.

(2.) By filing the instant appeal under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908, what is challenged is the legality of judgment and award dated December 11,2003, rendered by the learned Second Extra Assistant Judge and Special Judge (LAR), Ahmedabad ( R) at Navrangpura, in Land Acquisition Case No.1361 of 1996, by which the claimants have been awarded additional amount of compensation at the rate of Rs.54.90 Ps. per sq.mt. for their acquired land, over and above the compensation offered to them by the Special Land Acquisition Officer at the rate of Rs.5.40 Ps. per sq.mt. for irrigated land and Rs.3.60 Ps. per sq.mt. for non-irrigated land by his award dated March 2,1991.

(3.) The Executive Engineer, Narmada Yojana, Division No.13, Gandhinagar proposed to the State Government to acquire the land bearing Survey No.63 situated at village Valad, Taluka Gandhinagar, District Gandhinagar and belonging to the claimants for the public purpose of construction of a canal under Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands mentioned in the said proposal were likely to be needed for the said public purpose. Therefore, a Notification under Section 4(1) of the Act was issued which was published in the Official Gazette on May 16,1989. The owners of the lands were served with notices. After considering their objections, a report was submitted by the Special Land Acquisition Officer under Section 5A(2) of the Act. On consideration of the said report, the State Government was satisfied that the land of the claimants mentioned in the notification published under Section 4(1) of the Act was needed for the public purpose of construction of a canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the Official Gazette on January 23,1990. The interested persons were thereafter served with notices for determination of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.200/- per sq.mt. However, having regard to the materials placed before him, the Special Land Acquisition Officer by his award dated March 2, 1991 offered compensation to the claimants at the rate of Rs.5.40 Ps. per sq.mt. for irrigated land and Rs.3.60 Ps. per sq.mt. for non-irrigated land. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, they submitted application under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their case to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, the reference was made to the District Court, Ahmedabad ( R) at Navrangpura, where it was registered as Land Acquisition Case No.1361 of 1996. It may be mentioned that alongwith the land of claimants in this case, the lands bearing Survey/Block No.850 and 851 were also acquired and, therefore, at the instance of owners of those lands, reference was made to the District Court, Ahmedabad ( R) at Navrangpura, which was registered as Land Acquisition Case No.1360 of 1996.